JNC recertifies 2 senior judges
Two senior judges have been recertified for another year of service in Indiana. Cynthia Amber of Fort Wayne and Carol Jane Orbison of Indianapolis were recertified as senior judges in a Feb. 25 order.
Indiana Supreme Court
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Work beginning to create ‘next generation’ bar exam
The bar exam Indiana administered at the end of February is headed for the pile of historic has-beens as the state prepares to switch to another version and the National Conference of Bar Examiners starts the process to overhaul the entire test.
McDermott: Lake, St. Joseph judiciary bill raises questions
The undeniable truth is that there is a long legislative history in this nation of powerful majorities diminishing and silencing the voices of minorities. While I have no reason to believe the motive of the current judicial selection legislation for Lake and St. Joseph counties is racial, this law will undoubtedly have a disproportionally negative effect on citizens who happen to be racial minorities.
JLAP: An interview with Justice David — because he cares
Talking about what motivates him to be a JLAP volunteer, Justice Steven David pointed out parallels in his legal and military career paths. In both, ordinary people are called upon to do extraordinary things: solving problems, working in the midst of conflict and making decisions that affect lives. We set high expectations for ourselves. Failure is not an option.
Indiana Court Decisions – Feb. 11-24, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Supreme Court accepts certified questions from 7th Circuit in med-mal case
The Indiana Supreme Court has scheduled arguments and is accepting briefs in a case involving certified questions from the 7th Circuit Court of Appeals addressing the Indiana Medical Malpractice Act and Indiana Patient’s Compensation Fund.
Justices split, let stand rulings against DOC over death penalty secrecy
The Indiana Supreme Court has evenly split in a long-running dispute over disclosure of records concerning the state’s lethal injection drugs, clearing the way for disclosure of the records and the payment by the state of more than a half-million dollars in legal fees.
Louisville attorney’s Indiana suspension made indefinite
A Louisville attorney’s suspension from practicing law in Indiana five months ago has been made indefinite due to his continuing noncooperation with a disciplinary investigation.
Justices clear Putnam County prosecutor in discipline case
The Indiana Supreme Court has cleared the Putnam County prosecutor of alleged misconduct in an ethics case that accused him of failing to disclose a deal eliciting testimony from a reluctant witness who claimed he later was wrongly identified, placing him in danger behind bars as a “snitch.”
Suspension lifted for Indianapolis lawyer facing 2 complaints
An Indianapolis lawyer who earlier this month was suspended in two separate cases has been restored to good standing in the Indiana bar.
Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
Appeals court upholds mom’s 40-year neglect sentence in toddler’s death
The mother of a child whose boyfriend was sentenced to life in prison without parole in the 18-month-old’s death failed to show in her appeal that she was wrongly convicted and sentenced to 40 years in prison for her role in the child’s brutalization and death.
Court lifts 1 of 2 suspensions for Indianapolis lawyer
An Indianapolis lawyer who was suspended for his noncooperation with two attorney misconduct investigations has had his suspension in one of those cases lifted. However, the lawyer is still unable to practice law in Indiana.
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
Lake County Bar: Judicial-selection bill an ‘abomination,’ ‘political power play’
The Lake County Bar Association on Thursday issued the most damning rebuke to date of a bill in the Indiana General Assembly that would alter how judges in that county and St. Joseph County are selected. The northwest Indiana county’s bar called the bill “an abomination” and “a political power play by parties not even within Lake County to take even more power away from the people of Lake County in selecting their judges.”
Justices take up disputes over teachers contracts, online user data
Members of the state’s highest court last week turned away nine cases on petition for transfer but agreed to hear arguments in three cases, including disputes over the legality of teacher contracts and two media companies’ litigation over the use of consumer data.
ISBA opposes bill to change judicial selection in Lake, St. Joseph counties
For the second time this year, the Indiana State Bar Association is publicly opposing legislation targeting judicial selection in Indiana, this time speaking against a bill that it says would “unnecessarily change a working system” for judicial selection in Lake and St. Joseph counties.
St. Joseph judge who retired back on bench amid appointment stalemate
The Indiana Supreme Court on Monday issued an order appointing Miller, now a senior judge, back to the court she attempted to retire from last year. The order authorizes Miller to serve as a St. Joseph Superior Court judge until May 1 as a fight over her potential successor plays out in another court.
Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection
By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.
Plews and Gotwald: Contra proferentem — A bedrock of insurance coverage law
For more than 100 years, the principle that if a policy term is ambiguous it is construed against the insurer and in favor of the policyholder and coverage — known as “contra proferentem”—has been a foundation of Indiana’s insurance-coverage jurisprudence. The reasons supporting this rule are still as strong as ever.